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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
PANKAJ PUROHIT
Kichha Sugar Company Ltd. – Appellant
Versus
Munshi Shah – Respondent
JUDGMENT :
PANKAJ PUROHIT, J.
1. The present writ petition has been filed by the petitioner assailing the order dated 10.05.2018 passed by the learned Deputy Labour Commissioner, Haldwani, District Nainital, whereby the petitioner has been directed to correct the date of birth of the respondent in the service records as 20.11.1963 and to grant all consequential service benefits, holding that the respondent had been prematurely and unlawfully retired w.e.f. 03.06.2016. The controversy in the present petition revolves around the determination of the correct date of birth of the respondent and the legality of the order passed by the competent authority under the Certified Standing Orders governing the service conditions of the workman.
2. The brief facts of the case are that the respondent was engaged in the services of the petitioner establishment, Kichha Sugar Company Ltd., initially as a daily wage mazdoor in the year 1978 and continued in employment thereafter. At the time of his engagement, no documentary proof regarding his date of birth was available with him. In the year 1983, the petitioner got the age of the respondent assessed through a medical examination conducted at the Pri
Medical age estimation lacks evidentiary value against statutory provident fund records and corroborated documents; permits correction of erroneous service record entry despite time bar claims, quash....
Requests for correction of date of birth in service records made at the end of service are not sustainable unless made within prescribed time limits and with clear evidence of error.
Date of birth declared at service entry is conclusive unless corrected within two years; belated claims with certificates obtained just before superannuation after nearly 20 years not permissible.
Timely application for correction of date of birth in service records is crucial; late requests, especially near retirement, lack merit.
The court established that modifications to an employee's recorded date of birth must be made within one year of the Standing Order's enforcement, and late applications are not permissible.
Applications for correction of date of birth at the fag end of service career are not sustainable.
The need for conclusive evidence for correction of date of birth in service records and the unsustainable nature of objections raised at the fag end of service.
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